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63d Congress, ) HOUSE OF REPRESENTATIVES, j Document 
U Session. j I No. 1030. 



TREATY ITEMS, INDIAN APPROPRIATION BILL. 



LETTER FROM THE ASSISTANT COMMISSIONER OF INDIAN 
AFFAIRS SUBMITTING INFORMATION RELATIVE TO EXISTING 
TREATIES BETWEEN VARIOUS INDIAN TRIBES AND THE UNITED 
STATES. 



June 11, 1914. — Ordered to be printed. 



Department of the Interior, 
*#,*§>Office of Indian Affairs, 

Washington, June 2, 1914- 
My Dear Mr. Stephens: In response to your letter of May 27 9 
requesting certain information for the use of your committee regard- 
ing the various treaties between the United States and Indian tribes, 
I have the honor to invite your attention to office letter dated August 
25, 1913, covering the subjects stated in your letter. 

As the treaty items in the pending bill are practically the same as 
those contained in the 1914 Indian act, I am inclosing two copies of 
the report of August 25, 1913, referred to, and trust that the informa- 
tion contained therein will serve the present needs of the committee. 
Very truly, yours, 

E. B. Meritt, 

Assistant Commissioner. 

Hon. John H. Stephens, 

Chairman Committee on Indian Affairs, 

House of Representatives. 



Department of the Interior, 

Office of Indian Affairs, 

Washington, August 25, 1913. 

Hon. John H. Stephens, 

Chairman Committee on Indian Affairs, 

House of Representatives. 
My Dear Mr. Stephens: In further compliance with your favor 
of July 7 requesting information for the use of your committee as 
to the date of each treaty on which an appropriation is based in the 
Indian appropriation act, whether the treaty has expired or is still 
in force and how long said treaty is to remain in force and effect, I 
have the honor to transmit herewith a copy of the Indian appro- 
priation act approved June 30, 1913, in which the treaty items are 



/ .tig? 

2 TBEATY ITEMS, INDIAN APPROPRIATION BILL. 

numbered in the order in which they appear in the act. They are 
considered in this letter in their regular order, as follows: 

1. The appropriation of $100,000 appearing on page 10 of the 
Indian appropriation act for the purpose of providing school facilities 
for the children of the Navajo Tribe of Indians is based on the sixth 
article of the treaty of June 1, 1868 (15 Stat. L., 667), ratified July 
25, 1868, and proclaimed August 12, 1868. Article 6 of this treaty 
reads as follows: 

_ In order to insure the civilization of the Indians entering into this treaty, the neces- 
sity of education is admitted, especially of such of them as may be settled on said 
agricultural parts of this reservation, and they therefore pledge themselves to compel 
their children, male and female, between the ages of six and sixteen years, to attend 
school; and it is hereby made the duty of the agent for said Indians to see that this 
stipulation is strictly complied with; and the United States agrees that, for every 
thirty children between said ages who can be induced or compelled to attend school, 
a house shall be provided, and a teacher competent to teach the elementary branches 
of an English education shall be furnished, who will reside among said Indians, and 
faithfully discharge his or her duties as a teacher. 
The provisions of this article to continue for not less than ten years. 

Subsequent to the date of this treaty, Congress for a number of 
years provided limited appropriations in pursuance of article 6 of said 
treaty. The inadequacy of these appropriations is apparent in the 
following item found in the Indian appropriation act of May 11, 1880 
(21 Stat.'L., 114, 121): 

For last of ten installments, for pay of two teachers, per sixth article of treaty of June 
first, eighteen hundred and sixty-eight, two thousand dollars. 

According to the best obtainable information, there are approxi- 
mately 7,000 reservation and nonreservation Navajo Indian children 
of school age, and of this number about 1,750 are in reservation, non- 
reservation, and mission schools, leaving between 4,000 and 5,000 
Navajo Indian children without school facilities. 

It is believed that the Government is under moral obligations to 
provide adequate school facilities for the Navajo Indian children. 

These Indians have been greatly neglected, and a large majority 
of the children are growing up in ignorance, and unless the Gov- 
ernment does its part in preparing them for the duties of citizenship 
they will eventually become a burden to the citizens of the States in 
which they reside. 

Notwithstanding that the Congress has heretofore made limited 
appropriations in pursuance of the provisions of article 6 of the 
treaty of June 1, 1868, supra, I am of the opinion that a specific 
appropriation with which to provide adequate school facilities for 
the children of the Navajo Tribe of Indians should be continued for 
a number of years. 

2. The next treaty item in the Indian act is found on page 11 and 
reads as follows: 

For fulfilling treaty stipulations with the Bannocks in Idaho: For pay of physician, 
teacher, carpenter, miller, engineer, farmer, and blacksmith (article ten, treaty of 
July third, eighteen hundred and sixty-eight), $5,000. 

Article 10 of the treaty of July 3, 1868 (15 Stat, L., 673), reads: 

The United States hereby agrees to furnish annually to the Indians the physician, 
teachers, carpenter, miller, engineer, farmer, and blacksmith, as herein contemplated, 
and that such appropriations shall be made from time to time, on the estimates of 
the Secretary of the Interior, as will be sufficient to employ such persons. 



D. OF 0. 

JUL 20 !§U 



^ TREATY ITEMS, INDIAN APPROPRIATION BILL. 3 

It will be seen that there is no limitation on this treaty provision, 
rKand-that the appropriation is continued for such time as the Congress 
may deem proper. 

3. The next treaty item reads: 

For the Coeur d'Alenes in Idaho: For pay of blacksmith, carpenter, and physi- 
cian, and purcha.se of medicines (article eleven, agreement ratified March third, 
eighteen hundred and ninety-one), $3,000. 

The agreement with the Coeur d'Alenes was ratified by the act of 
Congress of March 3, 1891 (26 Stat: L., 989-1029), and article 11 is 
as follows : 

It is further agreed that in addition to the amount heretofore provided for the benefit 
of said Coeur d'Alene Indians the United States, at its own expense, will furnish 
and employ for the benefit of said Indians on said reservation a competent physician, 
medicines, a blacksmith, and carpenter. 

This article of the treaty is without limitation as to time, and the 
appropriation is continued in the discretion of the Congress. 

4. The next treaty item appears on page 12 of the Indian appro- 
priation act, and reads as follows : 

For fulfilling treaties with the Sacs and Foxes of the Missouri: For support of a 
school (article five, treaty of March sixth, eighteen hundred and sixty-one), $200. 

The fifth article of the treaty of March 6, 1861, ratified February 
6, 1863, with the Sacs and Foxes of Missouri and Iowa, reads in part 
as follows (12 Stat. L., 1172): 

In order to encourage education among the aforesaid tribes of Indians, it is hereby 
agreed that the United States shall expend the sum of one thousand dollars for the 
erection of a suitable schoolhouse and dwelling house for the school-teacher, for the 
benefit of the Sacs and Foxes, and also the additional sum of two hundred dollars 
per annum for school purposes, so long as the President of the United States may 
deem advisable. 

It would appear that this treaty appropriation should be contin- 
ued "so long as the President of the United States may deem ad- 
visable.'' 

5. The next treaty item in the act reads: 

For support of a school or schools for the Chippewas of the Mississippi in Minnesota 
(article three, treaty of March nineteenth, eighteen hundred and sixty-seven), $4,000. 

Article 3 of the treaty of March 19, 1867, with the Chippewas of 
the Mississippi, ratified March 8, 1867 (16 Stat. L., 719-720), is in 
part as follows: 

In further consideration for the lands herein ceded, estimated t contain about two 
millions of acres, the United States agree to pay the following sums, to wit: Five 
thousand dollars for the erection of school buildings upon the reservation provided 
for in the second article; four thousand dollars each year for ten years, and as long as 
the President may deem necessary after the ratification of this treaty, for the support 
of a school or schools upon said reservation. * * * 

It would appear from the language used in the treaty that this 
appropriation should be continued ''as long as the President may 
deem necessary" after the ratification of the treaty. 

6. The next treaty item is found on page 15 of the Indian appropria- 
tion act and reads as follows: 

For fulfilling treaties with Crow, Montana: For pay of physician, $1,200; and for 
pay of carpenter, miller, engineer, farmer, and blacksmith (article ten, treaty of May 
seventh, eighteen hundred and sixty-eight), $3,600; for pay of second blacksmith 
(article eight, same treaty), $1,200; in all, $6,000. 



4 



TREATY ITEMS, INDIAN APPROPRIATION BILL. 



The treaty of May 7, 1868, with the Crow Indians was ratified, July 
25, 1868 (15 Stat. L., 649). Article 10 of said treaty reads: 

The United States hereby agrees to furnish annually to the Indians the physician, 
teachers, carpenter, miller, engineer, farmer, and blacksmiths as herein contemplated, 
and that such appropriations shall be made from time to time, on the estimates of the 
Secretary of the Interior, as will be sufficient to employ such persons. 

Article 8 of the treaty mentioned provides, inter alia, that — 

such persons as commence farming shall receive instructions from the farmer herein 
provided for; and whenever more than one hundred persons shall enter upon the 
cultivation of the soil a second blacksmith shall be provided, with such iron, steel, 
and other material as may be required. 

There does not appear to be any limitation as to time the provi- 
sions of articles 8 and 10 of the treaty of May 7, 1868, are to continue 
in force. 

7. The next treaty provision found in the act reads as follows: 

For subsistence and civilization of the Northern Cheyennes and Arapahos (agree- 
ment with the Sioux Indians, approved February twenty-eighth, eighteen hundred 
and seventy-seven), including subsistence and civilization of the Northern Cheyennea 
removed from Pine Ridge Agency to Tongue River, Montana, and for pay of phy- 
sician, two teachers, two carpenters, one miller, two farmers, a blacksmith, and 
engineer (article seven, treaty of May tenth, eighteen hundred and sixty-eight), 
$85,000. 

The agreement with the different bands of the Sioux Nation of 
Indians, and also with the Northern Cheyenne and Arapaho Indians, 
dated September 26, 1878, was ratified by the act of February 28, 
1877 (19 Stat. L., 254). The treaty of May 10, 1868, with the North- 
ern Cheyenne and Northern Arapaho Indians was ratified July 25, 
1868 (15 Stat. L., 655). 

In the fifth article of the agreement of February 28, 1877, the United 
States agrees to provide all necessary aid to assist the Indians in the 
work of civilization and to furnish subsistence and certain specified 
rations. No amount is mentioned or specified period fixed. 

By article 7 of the treaty of May 10, 1868, supra, the United States 
agrees to furnish annually to the Indians who settled upon the reser- 
vation a physician, teachers, carpenter, miller, engineer, farmer, and 
blacksmiths, as contemplated in said agreement, and that such ap- 
propriations shall be made from time to time, on the estimates of the 
Secretary of the Interior, as will be sufficient to employ such per- 
sons, and no limitations in time is found in article 7 of the treaty in 
question. 

8-9. The treaty items for the benefit of the New York Indians are 
found on page 17 of the act, and read as follows: 

For fulfilling treaties with Senecas of New York: For permanent annuity in lieu of 
interest on stock (act of February nineteenth, eighteen hundred and thirty-one), $6,000. 

For fulfilling treaties with Six Nations of New York: For permanent annuity, in 
clothing and other useful articles (article six, treaty of November eleventh, seventeen 
hundred and ninety -four), $4,500. 

Section 1 of the act of February 19, 1831 (4 Stat. L., 442), entitled 
" An act to provide hereafter for the payment of six thousand dollars 
annually to the Seneca Indians, and for other purposes/' reads as 
follows : 

That the proceeds of the sum of one hundred thousand dollars, being the amount 
placed in the hands of the President of the United States, in trust, for the Seneca Tribe 
of Indians, situated in the State of New York, be hereafter passed to the credit of the 
Indian appropriation fund; and that the Secretary of War be authorized to receive and 



TREATY ITEMS, INDIAN APPROPRIATION BILL. 



5 



pay over to the Seneca Tribe of Indians the sum of six thousand dollars, annually, in 
the way and manner as heretofore practiced, to be paid out of any money in the 
Treasury not otherwise appropriated. 

Article 6 of the treaty of November 11, 1794 (7 Stat. L., 44), with 
the Six Nations of New York provides : 

In consideration of the peace and friendship hereby established, and of the engage- 
ments entered into by the Six Nations; and because the United States desire, with 
humanity and kindness, to contribute to their comfortable support; and to render 
the peace and friendship hereby established strong and perpetual; the United States 
now deliver to the Six Nations, and the Indians of the other nations residing among 
and united with them, a quantity of goods of the value of ten thousand dollars. And 
for the same considerations, and with a view to promote the welfare of the Six Nations, 
and of their Indian friends aforesaid, the United States will add the sum of three 
thousand dollars to the one thousand five hundred dollars heretofore allowed them by 
an article ratified by the President on the twenty- third day of April, 1792; making, 
in the whole, four thousand five hundred dollars; which shall be expended yearly 
forever in purchasing clothing, domestic animals, implements of husbandry, and 
other utensils suited to their circumstances, and in compensating useful articificers 
who shall reside with or near them, and be employed for their benefit. 

It will be seen from the foregoing that the treaty items in question 
are permanent, but these annuities may be commuted under the pro- 
visions contained in the act of April 30, 1908 (35 Stat. L., 70-73), 
reading as follows: 

That the Commissioner of Indian Affairs is hereby authorized to send a special 
Indian agent, or other representative of his office, to visit any Indian tribe for the pur- 
pose of negotiating and entering into a written agreement with such tribe for the com- 
mutation of the perpetual annuities due under treaty stipulations, to be subject to the 
approval of Congress; and the Commissioner of Indian Affairs shall transmit to Con- 
gress said agreements with such recommendations as he may deem proper. 

10. The next treaty item is for the benefit of the Pawnees of Okla- 
homa, found on page 19 of the act, and reads: 

For fulfilling treaties with the Pawnees, Oklahoma: For perpetual annuity, to be 
paid in cash to the Pawnee (article three, agreement of November twenty-third, 
eighteen hundred and ninety-two), $30,000; for support of two manual-labor schools 
(article three, treaty of September twenty-fourth, eighteen hundred and fifty-seven), 
$10,000; for pay of one farmer, two blacksmiths, one miller, one engineer and appren- 
tices, and two teachers (article four, same treaty), $5,400; for purchase of iron and steel 
and other necessaries for the shops (article four, same treaty), $500; for pay of physi- 
cian and purchase of medicines, $1,200; in all $47,100. 

The agreement of November 23, 1892, with the Pawnees, was 
ratified by section 12 of the act of March 3, 1893 (27 Stats. L., 644). 
The treaty of September 24, 1857, was proclaimed bv the President 
on May 26, 1858 (11 Stats. L., 729). 

The third article of the agreement of November 23, 1892, amends 
article 2 of the treaty of 1857 so as to read: 

The United States agrees to pay to the Pawnees the sum of $30,000 per annum, as a 
perpetual annuity, to be distributed annually among them per capita, in coin, unless 
the President of the United States shall from time to time otherwise direct. But it is 
further agreed that the President may, at any time, in his discretion, discontinue 
said perpetuity by causing the value of a fair commutation thereof to be paid to or 
expended for the benefit of said Indians in such manner as to him shall seem proper. 
(See Senate Ex. Doc. No. 16, 52d Cong., 2d sess.) 

Article 3 of the treaty of 1857 provides for two manual-labor schools, 
and provides further that — 

the United States agree to furnish suitable houses and farms for said schools, and what- 
ever else may be necessary to put them in successful operation; and a sum not less 
than five thousand dollars per annum shall be applied to the support of each school 



6 



TREATY ITEMS, INDIAN APPROPRIATION BILL. 



so long as the Pawnees shall, in good faith, comply with the provisions of this article; 
but if at any time the President is satisfied they are not doing so, he may, at his dis- 
cretion, discontinue the schools in whole or in part. 

In article 4 of the same treaty (11 Stat. L., 730) the United States 
agrees to furnish the Pawnees: First, certain tools, erect shops, also 
furnish $500 annually, during the pleasure of the President, for the 
purchase of iron, steel, and other necessaries, and also to furnish 
two blacksmiths; second, to furnish farming utensils and stock worth 
$1,200 annually for 10 years, or during the pleasure of the President, 



culture; third, to have erected a steam mill not to exceed in cost 
$6,000, and to keep the same in repair for 10 years, and also to employ 
a miller and engineer for the same length of time, or longer, at the 
discretion of the President. 

There is no provision in article 4 for teachers, but article 3 provides 
that the manual-labor schools authorized therein shall be governed 
by such rules and regulations as may be prescribed by the President 
of the United States. 

It appears from the foregoing that the $30,000 appropriation in the 
treaty item for the Pawnees is a perpetual annuitv, but may be com- 
muted under the act of April 30, 1908 (35 Stat" L., 70-73). 

The other treaty appropriations in favor of the Pawnees are not 
perpetual and may be discontinued in the discretion of the President 
and the Congress. 

11. The treaty appropriation in favor of the Quapaws of Oklahoma 
is found on page 19 of the Indian act, and reads: 

For support of Quapaws, Oklahoma: For education (article three, treaty of May 
thirteenth, eighteen hundred and thirty-three), $1,000; for blacksmith and assistants, 
and tools, iron and steel for blacksmith shop (same article and treaty), $500; in all, 
$1,500: Provided, That the President of the United States shall certify the same to be 
for the best interests of the Indians. 

Article 3 of the treaty of May 13, 1833 (7 Stat. L., 424), with the 
Quapaws reads in part as follows : 

The United States agree to provide a farmer to reside with them and to aid and 
instruct them in their agricultural pursuits and a blacksmith to do their necessary 
work, with a shop and tools and iron and steel not exceeding one ton per year. The 
United States also agree to appropriate one thousand dollars per year for education 
purposes to be expended under the direction of the President of the United States: 
the farmer and blacksmith and the above appropriation for education purposes to be 
continued only as long as the President of the United States deems necessary for the 
best interests of the Indians. 

The treaty appropriation in favor of the Quapaws is not a perpetual 
annuity, but it is believed that the appropriation should " be continued 
as long as the President of the United States deems it necessary for 
the best interests of the Indians." 

12. The treaty appropriation for the Choctaws of Oklahoma is 
found on page 22 of the Indian appropriation act, and reads as 
follows : 

For fulfilling treaties with Choctaws, Oklahoma: For permanent annuity (article 
two, treaty of November sixteenth, eighteen hundred and five, and article thirteen, 
treaty of June twenty-second, eighteen hundred and fifty-five), $3,000; for perma- 
nent annuity for support of light-horsemen (article thirteen, treaty of October eight- 
eenth, eighteen hundred and twenty, and article thirteen, treaty of June twenty- 
second, eighteen hundred and fifty-five), $600; for permanent annuity for support of 
blacksmith (article six, treaty of October eighteenth, eighteen hundred and twenty, 
and article nine, treaty of January twentieth, eighteen hundred and twenty-five, 



and also to employ 




Indians the arts of agri- 



TREATY ITEMS, INDIAN APPROPRIATION BILL. 7 

and article thirteen, treaty of June twenty-second, eighteen hundred and fifty-five), 
$600; for permanent annuity for education (article two, treaty of January twentieth, 
eighteen hundred and twenty-five, and article thirteen, treaty of June twenty-second, 
eighteen hundred and fifty -five), $6,000; for permanent annuity for iron and steel 
(article nine, treaty of January twentieth, eighteen hundred and twenty-five, and 
article thirteen, treaty of June twentv-second, eighteen hundred and fifty-five), 
$320; in all, $10,520. 

The above treaty provisions with the Choctaw Nation are per- 
manent, and appropriations by Congress should be provided annually 
until the perpetual annuities of the Choctaw Nation are commuted 
as authorized in the act of April 30, 1908. (35 Stat. L., 70-73.) 

13. The treaty provisions appearing on pages 24 and 25 of the In- 
dian appropriation act, in favor of the different tribes of the Sioux 
Nation, read as follows: 

For support of Sioux of different tribes, including Santee Sioux of Nebraska, North 
Dakota, and South Dakota: For pay of five teachers, one physician, one carpenter, 
one miller, one engineer, two farmers, and one blacksmith (article thirteen, treaty 
of April twenty -ninth, eighteen hundred and sixty-eight), §10,400; for pay of second 
blacksmith, and furnishing iron, steel, and other material (article eight of same treaty), 
$1,600; for pay of additional employees at the several agencies for the Sioux in Ne- 
braska, North Dakota, and South Dakota, $95,000; for subsistence of the Sioux other 
than the Rosebud, Cheyenne River, and Standing Rock Tribes, and for purposes 
of their civilization (act of February twenty-eighth, eighteen hundred and seventy- 
seven). $200,000: Provided, That this sum shall include transportation of supplies 
from the termination of railroad or steamboat transportation, and in this service 
Indians shall be employed whenever practicable; in all, $307,000. 

Article 13 of the treaty of April 29, 1868, with the Sioux Indians 
(15 Stat. L., 635-640) reads; 

The United States hereby agrees to furnish annually to the Indians the physician, 
teachers, carpenter, miller, engineer, farmer, and blacksmiths, as herein contem- 
plated, and that such appropriations shall be made from time to time, on the esti- 
mates of the Secretary of the Interior, as will be sufficient to employ such persons. 

Article 8 of. the same treaty provides in part as follows: 

And it is further stipulated that such persons as commence farming shall receive 
instruction from the farmer herein provided for, and whenever more than one hun- 
dred persons shall enter upon the cultivation of the soil, a second blacksmith shall 
be provided, with such iron, steel, and other material as may be needed. 

The appropriation in favor of the Sioux above quoted contains 
an item of $200,000 ''for subsistence and civilization of the Sioux 
other than the Rosebud, Cheyenne River, and Standing Rock Tribes." 
(Act of Feb. 28, 1877; 19 Stat. L., 254.) Said act ratines the "Black 
Hills agreement," in the fifth article of which the United States 
agrees to provide all necessary aid to assist the Indians in the work 
of civilization and to furnish subsistence and certain specific rations. 

There appears to be no specific limitation or period of time for 
which these treaty provisions are to be continued, it being a matter 
within the discretion of the Congress. 

14. The next provision in the Indian appropriation act, found on 
page 25, hi favor of the Sioux Indians, and in the form of a treaty 
provision, reads: 

For support and maintenance of day and industrial schools among the Sioux In- 
dians, including the erection and repair of school buildings, §200,000, to be expended 
under the agreement with said Indians in section seventeen of the act of March second, 
eighteen hundred and eighty-nine, which agreement is hereby extended to and in- 
cluding June thirtieth, nineteen hundred and fourteen. 

The agreement with the Sioux Nation of Indians contained in the 
act of March 2, 1889 (25 Stat, L., 888), was accepted by the Sioux 



8 



TREATY ITEMS, INDIAN APPROPRIATION BILL. 



Nation and proclaimed by the President February 10, 1890. (26 Stat. 
L., 1554.) Section 17 of the act of March 2, 1889, supra, reads in 
part as follows: 

That it is hereby enacted that the seventh article of the said treaty of April twenty- 
ninth, eighteen hundred and sixty-eight, securing to said Indians the benefits of edu- 
cation, subject to such modifications as Congress shall deem most effective to secure 
to said Indians equivalent benefits of such education, shall continue in force for 
twenty years from and after the time this act shall take effect * * *, 

Article 7 of the treaty of April 29, 1868 (15 Stat. L., 635-637), 
reads as follows: 

In order to insure the civilization of the Indians entering into this treaty, the ne- 
cessity of education is admitted, especially of such of them as are or may be settled on 
said agricultural reservations, and they therefore pledge themselves to compel their 
children, male and female, between the ages of six and sixteen years, to attend school; 
and it is hereby made the duty of the agent for said Indians to see that this stipulation 
is strictly complied with; and the United States agrees that for every thirty children 
between said ages who can be induced or compelled to attend school, a house shall be 
provided and a teacher competent to teach the elementary branches of an English 
education shall be furnished, who will reside among said Indians and faithfully dis- 
charge his or her duties as a teacher. The provisions of this article to continue for not 
less than twenty years. 

In the Indian appropriation act of April 4, 1910 (36 Stat. L., 284), 
the agreement in section 17 of the act of March 2, 1889, supra, was 
extended to and including June 30, 1911, and has been similarly 
extended in each subsequent Indian appropriation act. This treaty 
provision has expired by limitation, but the appropriation in ques- 
tion has been continued in the form of a treaty provision. The 
further continuation of this appropriation is within the discretion of 
the Congress. 

15. The treaty provision in favor of the Confederated Bands of 1 
Ute Indians in Utah is found in page 26 of the Indian appropriation 

act and reads as follows: 

For support and civilization of Confederated Bands of Utes in Utah: For pay of 
two carpenters, two millers, two farmers, and two blacksmiths (article fifteen, treaty 
of March second, eighteen hundred and sixty-eight), $6,720; for pay of two teachers 
(same article and treaty), $1,800; for purchase of iron and steel and the necessary 
tools for blacksmith shop (article nine, same treaty), $220; for annual amount for 
the purchase of beef, mutton, wheat, flour, beans, and potatoes, or other necessary 
articles of food (article twelve, same treaty), $30,000; for pay of employees at the 
several Ute agencies, $15,000; in all, $53,740. 

Article 15 of the treaty with certain bands of Ute Indians con- 
cluded March 2, 1868, (15 Stat. L., 619-622), provides as follows: 

The United States hereby agree to furnish the Indians the teachers, carpenters, 
millers, farmers, and blacksmiths, as herein contemplated, and that such appropria- 
tions shall be made from time to time, on the estimates of the Secretary of the Interior, 
as will be sufficient to employ such persons. 

In article 9 of the same treaty it was agreed that an additional 
blacksmith to the one provided for in the treaty on October 7, 1863 
(13 Stat. L., 675), should be provided, together with such iron, steel, 
and other material as may be needed for the Uintah, Yampa, and 
Grand River xigencies. 

Article 12 of the same treaty reads as follows: 

That an additional sum sufficient, in the discretion of Congress (but not to exceed 
thirty thousand dollars per annum), to supply the wants of said Indians for food, 
shall be annually expended under the direction of the Secretary of the Interior in 
supplying said Indians with beef, mutton, wheat, flour, beans, and potatoes, until 
such time as said Indians shall be found to be capable of sustaining themselves. 



RD 1 2.8 



TEEATY ITEMS, INDIAN APPROPRIATION BILL. 



9 



There does not appear to be any further provision in the articles 
of the treaty with the Ute Indians, referred to in the Indian appropria- 
tion act, as to the duration or expiration of the time during which the 
benefits are to be given, but article 10 of the treaty of March 2, 1868, 
supra, reads: 

At any time after ten years from the making of this treaty, the United States shall 
have the privilege of withdrawing the farmers, blacksmiths, carpenters, and millers, 
herein and. in the treaty of October seventh, one thousand eight hundred and sixty- 
three, referred to in article one of this treaty, provided for, but in case of such with- 
drawal, an additional sum thereafter of ten thousand dollars per annum shall be 
devoted to the education of said Indians, and the Commissioner of Indian Affairs 
shall, upon careful inquiry into their condition, make such rules and regulations, 
subject to the approval of the Secretary of the Interior, for the expenditure of said 
sum as will best promote the educational and moral improvement of said Indians. 

It would appear from the foregoing that the continuation of the 
treaty benefits in favor of the Confederated Bands of Ute Indians 
is a matter within the discretion of the Congress. 

16. The treaty item in the Indian appropriation act in favor of 
the Spokanes in Washington appears on page 26 and reads as follows : 

For support of Spokanes in Washington (article six of agreement with said Indians, 
dated March eighteenth, eighteen hundred and eighty-seven, ratified by act of July 
thirteenth, eighteen hundred and ninety-two), $1,000. 

Article 6 of the agreement with the Spokanes in Washington, con- 
cluded March 18, 1887, ratified by the act of July 13, 1892 (27 Stat. 
L., 139), reads as follows: 

It is further agreed that in addition to the foregoing provisions the United States 
shall employ and furnish a blacksmith and a carpenter to do necessary work and to 
instruct the Indians, parties hereto, in those trades. (Annual Report of the Com- 
missioner of Indian Affairs, 1892, p. 744.) 

The foregoing provisions referred to are for allotments of lands in 
severalty and an agreement to expend for the benefit of said Indians 
the sum of $95,000, as follows: For the first year, $30,000; for the 
second year, $20,000; for each succeeding year thereafter, for eight 
years, $5,000; said money to be expended under the direction of the 
Secretary of the Interior in the removal of the said Indians to the 
Coeur d ; Alene Reservation, in erecting suitable houses, etc. 

The last of the 10 installments was appropriated in the act of 
[March 3, 1901 (31 Stat. L., 1070). The continuation of the treaty 
appropriation for the benefit of the Spokanes in Washington would 
appear to be within the discretion of the Congress, inasmuch as no 
definite period is mentioned in article 6 of the agreement in question. 

17. The treaty item in favor of the Shoshones in Wyoming appears 
on page 29 of the Indian appropriation act, and reads as follows : 

For support of Shoshones in Wyoming. For pay of teacher, physician, carpenter, 
miller, engineer, farmer, and blacksmith (article ten, treaty of July third, eighteen 
hundred and sixty-eight), $5,000; for pay of second blacksmith, and such iron and 
steel and other materials as may be required, as per article eight, same treaty, $1,000; 
in all, $6,000. 

Article 8 of the treaty with the Eastern Band of Shoshones and 
the Bannock Tribe of Indians, which was concluded July 3, 1868 
(15 Stat. L., 673, 676), provides in part as follows: 

And it is further stipulated that such persons as commence farming shall receive 
instruction from the farmers herein provided for, and whenever more than one hun- 
dred persons on either reservation shall enter upon the cultivation of the soil, a sec- 
ond blacksmith shall be provided, with such iron, steel, and other material as may 
be required . 



10 



TREATY ITEMS, INDIAN APPROPRIATION BILL. 



Article 10 of said treaty provides: 

The United States hereby agrees to furnish annually to the Indians the physician, 
teachers, carpenter, miller, engineer, farmer, and blacksmith, as herein contemplated, 
and that such appropriations shall be made from time to time, on the estimates of 
the Secretary of the Interior, as will be sufficient to employ such persons. 

The first appropriation under these articles was made in the act of 
March 3, 1871 (16 Stat. L., 562). These appropriations have been 
made practically every year since the date last mentioned. The 
appropriation for the Bannock Indians is now found in the Indian 
appropriation act under "Idaho." 

There does not appear to be any specified period of time in which 
these appropriations are to be continued. It is believed, therefore, 
that the matter is within the discretion of the Congress as to when 
they shall be discontinued. 

If there is any additional information that I can furnish you in 
regard to the treaty items of the Indian appropriation act, I shall be 
glad if you will advise me, and I will take pleasure in complying with 
your request as promptly as possible. 
Very truly, yours, 

(Signed) Cato Sells, 

Commissioner. 




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